2011•Guihai TribuneRequires access

On the Relationship between Law and Justice

SI Chun-yan

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Abstract

There exist two sharply different trains of thought on the relationship between law and justice in the ideological history of Western law,namely,natural jurisprudence and positive jurisprudence.Marx and Engels creatively solved the issues as to what justice is,whether a socialist society needs justice,what kind of justice is needed,and how to deal with the relationship between law and justice,etc.According to the principles of Marxist dialectic,the relationship between law and justice is dialectical.Law is the most powerful means of achieving justice,providing physical and tangible support to justice;justice is the spiritual support and evaluation criteria of law,constantly driving forward the evolution of law in terms of its spiritual content and expressing form.

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What this paper is about

There exist two sharply different trains of thought on the relationship between law and justice in the ideological history of Western law,namely,natural jurisprudence and positive jurisprudence.Marx and Engels creatively solved the issues as to what justice is,whether a socialist society needs justice,what kind of justice is needed,and how to deal with the relationship between law and justice,etc.According to the principles of Marxist dialectic,the relationship between law and justice is dialectical.Law is the most powerful means of achieving justice,providing physical and tangible support to justice;justice is the spiritual support and evaluation criteria of law,constantly driving forward the evolution of law in terms of its spiritual content and expressing form.

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Available abstract

There exist two sharply different trains of thought on the relationship between law and justice in the ideological history of Western law,namely,natural jurisprudence and positive jurisprudence.Marx and Engels creatively solved the issues as to what justice is,whether a socialist society needs justice,what kind of justice is needed,and how to deal with the relationship between law and justice,etc.According to the principles of Marxist dialectic,the relationship between law and justice is dialectical.Law is the most powerful means of achieving justice,providing physical and tangible support to justice;justice is the spiritual support and evaluation criteria of law,constantly driving forward the evolution of law in terms of its spiritual content and expressing form.

Key concepts: Jurisprudence, Law, Economic Justice, Dialectic, Philosophy of law, Ideology, Theory of criminal justice, Sociology

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